Cassidy v. Millerick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. This action, for the unlawful taking and conversion of personal property of the value of $50, was commenced before E. P. Colt, Esq., a justice of the peace, July 8, 1878. On the return-day, July 15,1878, at 1 o’clock, P. M., the plaintiff filed his complaint in writing, and the defendants made and filed an affidavit that Colt was a material witness, and prayed a removal to some other justice; and the action was accordingly…
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APPEAL from the Circuit Court for Waushara County. This action, for the unlawful taking and conversion of personal property of the value of $50, was commenced before E. P. Colt, Esq., a justice of the peace, July 8, 1878. On the return-day, July 15,1878, at 1 o’clock, P. M., the plaintiff filed his complaint in writing, and the defendants made and filed an affidavit that Colt was a material witness, and prayed a removal to some other justice; and the action was accordingly removed to S. B. Halloek, Esq., the nearest justice of the peace in the same county. The defendants did not answer or…
1Opinion of the CourtCassoday, J.
A reversal is urged on the ground that the justice lost jurisdiction of the cause, first, by failing to enter in his docket the place to which the cause was adjourned at the *382time of the adjournment; and second, by calling and trying the cause at a place distant from his office, and different from the place mentioned in the summons. The statute required the justice to enter in his docket the “time and place” to which every adjournment was made. Subd. 5, sec. 3574, R. S.; sec. 11, ch. 120, R. S. 1858. A transcript of the docket entries is made evidence by statute. Sec. 4143, R. S. In Brown v.…
2Cases cited9 opinions
- Baizer v. LaschWisconsin Supreme Court · 1871
- Brown v. KelloggWisconsin Supreme Court · 1863
- Varrell v. ChurchWisconsin Supreme Court · 1874
- Brahmstead v. WardWisconsin Supreme Court · 1878
- Frederick v. ClarkWisconsin Supreme Court · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Ellis v. ThorneWisconsin Supreme Court · 1901
- Smith v. BahrWisconsin Supreme Court · 1885
- In re the Application of EvingsonNorth Dakota Supreme Court · 1891
- Nehrling v. State ex rel. ThalWisconsin Supreme Court · 1902
- State ex rel. Cameron v. RobertsWisconsin Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.